The New Standard
Welcome to the Zady web site (“Zady,” “the Site,” “we,” “us,” or “our”). Zady provides this site as a service to its customers. Please read the following terms of service (“Terms”) as they govern your use on our site. By using this Site, you agree to follow and be bound by the following rules below. If you do not agree to these Terms, please do not use this Site in any way.
You must be at least 18 years of age to use the Site or have a legal guardian agree that you can use the Site.
If you are using the Site on behalf of a business, then you must have authority, and your use of the Site is a warranty that you have the authority, to bind that business to these Terms.
You are responsible for ensuring that your use of the Site complies with all laws, rules and regulations applicable to you. These Terms are void and use of the Site is revoked where use is prohibited.
PRICES; COLORS; AVAILABILITY
All prices listed on the Sites are subject to change. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
Please note that the colors of items and products may depend on your monitor and may not be correctly displayed. The availability of products and other items on the Site may change at any time, without notice.
Zady reserves the right, in its sole discretion, to change these Terms at any time by posting a notice on the Site. You are responsible for reviewing and becoming familiar with any such modifications. If you do not agree with the new terms, please do not continue using the Site. Continued use of the Site after we post new Terms constitutes an acknowledgement that you agree to such new Terms.
Zady maintains other policies, guidelines, and requirements posted on the Site from time to time. We expect that you will, and you agree to, abide by any other requirements posted on the Site. Your use of the Site is subject to all of these policies, guidelines, and other requirements which are incorporated into these Terms.
You cannot access or use the Zady website for any illegal or unauthorized purpose. Harassment in any manner or form of the Site, including via e-mail and chat or by obscene or abusive language, is strictly forbidden. Although Zady cannot monitor the conduct of its users, it is a strict violation of these Terms to use any information obtained from our Site in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.
You agree that no comments or other user submissions submitted by you to the Zady website will violate any right of any third party, including copyright, trademark, privacy or other personal rights. You further agree that no comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
You are solely responsible for your conduct and activities on and regarding the Site. When posting images that we host on the Site to outside websites you must include a link back to the Site and the page on which that image or content appears, and otherwise comply with these Terms.
Should you choose to use the community features of the Site, such as commenting, social networking, etc., please be aware that any personal information (such as name, phone number, address, email address, etc.) that you elect to share will be shown to other users of Zady. Therefore, do not post such information unless you intend it to be available to the public.
Your use of the Site shall not infringe upon our designers’ rights. If you reproduce, sell, modify their designs, post their designs to other sites without a link back to Zady, you will be infringing upon the designer’s copyright and other rights.
Zady will use reasonable efforts to ensure that the Site is available twenty-four hours a day, seven days a week. However, the Site may not be continuously available due to maintenance, upgrades and emergency repairs to our software, hardware or infrastructure.
Zady reserves the right to refuse service to anyone for any reason at any time.
We may need to change or discontinue certain aspects of the Site. We may do so with or without notice to you.
By uploading content to the Site, you agree to allow other Zady users to view and comment on the content and you agree to allow Zady to display the content on the Site, and store, modify, reformat, distribute and otherwise use and exploit the content forever as we see fit.
Zady, and all content, trademarks, logos, designs, graphics, images, audio, video, software are owned by Zady and our licensors. Zady is protected by United States and international copyright laws, and all rights are reserved by us and our licensors. We may cooperate with law enforcement, court, third party or government investigations if we are requested or directed to comply.
THIRD PARTY SERVICES
Zady may enable you to use third party services, such as Twitter, Facebook, Pinterest blogging sites, emailing content, etc. Zady may also contain links to websites outside the Site. When you use these third party services or link to another website, you are no longer dealing directly with Zady. Before using any of these features, you should review the terms of service and privacy policies of any such third party provider.
Zady uses a third party to process payments for purchases that you make on the Site. These third party agents have separate terms and conditions that you must agree to as part of the checkout process. We are not responsible for their terms and conditions or for the security and privacy of any credit card or other personal information that you submit through them.
We will ship orders in accordance with your requests at checkout. All orders are subject to our Shipping Policy.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
DISCLAIMER OF WARRANTIES
WE PROVIDE THE SITE “AS IS, AS AVAILABLE”, AND YOUR ACCESS OF THE SITE IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SITE OR OUR SERVICES WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY PARTICULAR OUTCOME, OR THAT THE OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. OUR SERVICES AND THE SITE ARE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY). TO THE FULLEST EXTENT ALLOWED BY LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
WE SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES (EVEN IF YOU HAVE BEEN ADVISED BY US OF THE POSSIBILITY OF SUCH DAMAGES). OUR CUMULATIVE LIABILITY RELATING TO YOUR USE OF THE SITE (REGARDLESS OF ITS BASIS), SHALL NOT EXCEED THE GREATER OF (A) AMOUNTS THAT YOU PAY IN CONNECTION WITH A PARTICULAR PURCHASE YOU MAKE FROM THE SITE AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Choice of Law – This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York, excluding its conflicts of laws rules, and the United States of America.
Disputes – In the event a dispute arises between you and Zady, please email us at firstname.lastname@example.org and we will work quickly toward a solution. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS.
Disputes with Other Users – In the event that you have a dispute with one or more users, you release us, Zady (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Notice – You may contact us using the various methods listed on our Contact page. If we need to contact you, we will use any contact info you have provided to us.
No Agency – You and Zady are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.
Assignment – You may not assign, transfer, delegate or sublicense any of your rights under these Terms. We may assign, transfer, delegate or sublicense any of our rights under these Terms. Severability – If any provision of these Terms is illegal, void or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary for the rest of the agreement to remain enforceable.
No Waiver – Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance, does not mean that we will do so in the future. In order for any waiver of compliance with these Terms to be binding, Zady must provide you with written notice of such waiver, provided by one of our authorized representatives.
Entire Agreement – These Terms and any policies, guidelines, and requirements that we post on Zady state the complete understanding between you and us. No modification of these Terms will be enforceable against Zady unless in writing and signed by an authorized representative.
Headings – The section and paragraph headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
© 2018 ZADY, INC. All rights reserved.